Vancouver City Council

CITY OF VANCOUVER POLICY REPORT URBAN STRUCTURE

	Date:	December 02, 2004
	Author:	Phil Mondor
	Phone No.:	604.873.7727
	RTS No.:	04714
	CC File No.:	5303
	Meeting Date:	December 14, 2004

TO:	Vancouver City Council
FROM:	Director of Current Planning in consultation with the Director of the Housing Centre, the Director of Social Planning and the Director of Real Estate Services
SUBJECT:	CD-1 Rezoning of 811-821 Cambie Street

RECOMMENDATION

A. THAT the application by Hancock Brückner Eng + Wright Architects to rezone the site at 811-821 Cambie Street (Lots 32-38, Block 67, DL 541, Plan 210) from DD Downtown District to CD-1 Comprehensive Development District be referred to a Public Hearing, together with:

(i) CD-1 By-law provisions, generally as presented in Appendix A;

(ii) plans prepared by Hancock Brückner Eng + Wright Architects received June 24, 2004, presented in Appendix D; and

(iii) the recommendation of the Director of Current Planning to approve the application, subject to approval conditions contained in Appendix B.

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law, generally in accordance with Appendix A, for consideration at the Public Hearing;

B. THAT the application to amend the Sign By-law, to establish regulations for this CD-1 in accordance with Schedule "B" (DD), be referred to the same Public Hearing; and

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing;

C. THAT, subject to approval of the rezoning at a Public Hearing, the Noise Control By-law be amended to include this CD-1 in Schedule A;

AND FURTHER THAT the Director of Legal Services be instructed to bring forward for enactment the amendment to the Noise Control By-law at the time of enactment of the CD-1 By-law.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

· Downtown District (DD) Official Development Plan (ODP), adopted by City Council in November, 1975 and last amended in November, 2003;
· Central Business District Policies, adopted in December, 1991 and last amended in February, 1997;
· Downtown District Interim Policies for New Residential in Areas C and F, adopted in May, 2004;
· Downtown (except Downtown South) Design Guidelines, adopted in September, 1975 and last amended in December, 1993;
· DD (Except Downtown South) C-5, C-6, HA-1 and HA-2 Character Area Descriptions, adopted by Council in December, 1975 and last amended in December, 2003. See in particular "Character Area `N' - Robson Street" and "Character Area `L' - Library Square" (the latter was introduced through an amendment in July, 1991);
· Live/Work and Work/Live Strategic Directions, adopted in June, 1996;
· View Protection Guidelines, adopted in December, 1989 and last amended in December, 1990;
· Downtown Transportation Plan, approved in July, 2002. See in particular "Section 4.3 Pedestrian Plan";
· Transfer of Density Policy and Procedure, adopted on January 25, 1983 and last amended on August 1, 2002; and
· Financing Growth (Community Amenity Contribution Policy) adopted in January, 1999 and last amended in June, 2003.

PURPOSE AND SUMMARY

The purpose of the requested rezoning is to increase the maximum residential floor area allowed on this site, from 3.0 FSR (Floor Space Ratio) to nearly 6.0. The maximum total FSR would be increased from 5.0 to 7.54, a 51 percent increase in total density.

Rezoning would allow the development of a 22-storey mixed-use tower with commercial uses at grade, two and a half floors of office and related commercial uses, and 165 dwelling units above. General Office Live-work use is requested in six ground-oriented, two-storey townhouses. The proposed building height is well within the maximum permitted in this district, and also within the view protection limit which applies to the site.

While 272 parking spaces are required for the proposed development, 332 spaces are proposed: 282 to serve the proposed development and 50 spaces, through off-site parking agreement, to serve a site across the street at 150 Robson Street (Catholic Charities).

Some residents in the immediate neighbourhood have raised concerns about the proposed height and the requested increase in density. Staff are satisfied that the proposal responds to relevant guidelines and that refinements will be achieved through further design development at the development application stage, as recommended in approval conditions.

As provided for in the Community Amenity Contribution policy, and subject to the site being able to accommodate additional density according to urban design principles and within applicable guidelines, the applicant proposes that the additional floor area be obtained through a transfer of heritage bonus density (975.45 m² (10,500 sq. ft.)) and a contribution to the Affordable Housing Fund ($3,360.000).

Staff recommend that the application be referred to a Public Hearing and be approved with conditions.

BACKGROUND

Site and Context: The site is located at the southwest corner of Robson and Cambie Streets. (See Figure 1). It is presently a vacant lot providing surface parking. It has a frontage of 36.6 m (120 ft.) on Robson Street and 53.3 m (175 ft.) on Cambie Street. There is a building line of approximately 4.3 m (14 ft.) on Robson Street, requiring dedication to the City of this portion of the site.

Figure 1. Site and Surrounding Zoning

A block to the west is the Central Branch of the Vancouver Public Library. Other significant adjacent development includes the 22-storey Rosedale Gardens Hotel across the lane to the west (838 Hamilton Street), the CBC building with surface parking across Robson Street to the north, and heritage buildings which include the 3-storey "B" category building at 150 Robson Street (Catholic Charities), three "C" category buildings on the east side of Cambie Street (864, 888 and 896 Cambie Street), and a 3-storey "B" building immediately to the south. Mid-block to the south is the 10-storey Law Society office building. Two buildings are presently under construction on sites along Robson Street east of Granville, and one site is going through development application process.

DISCUSSION

Land Use and Density: Residential use is encouraged by DD policies and guidelines in the area south of Robson Street, but there is now a policy requirement in the very recently adopted Downtown District Interim Policies for New Residential in Areas C and F to achieve basic commercial capacity on a site before an increase in residential FSR can be considered.

For this rezoning, on this 1 950.9 m² (21,000 sq. ft.) site, 3 902 m² (42,000 sq. ft.) of commercial floor area (2.0 FSR) would be required before increased residential density could be considered. However, commercial floor area of 3 077 m² (33,122 sq. ft.) is proposed, representing an FSR of 1.6, and somewhat less that the 2.0 sought by policy. At the enquiry stage, staff were unclear about whether the proposed General Office Live-work Use could be considered a commercial use, thus ensuring the commercial FSR to 2.0. However, recent evidence indicates that most office live-work units in the downtown are wholly in residential use.

Staff do not recommend additional commercial floor area in the podium or base of the proposed residential tower as this will be difficult to accommodate. It would require an increase in massing, through an additional half-storey, which will affect the character of development, producing a taller podium than other developments along Robson Street east of Granville. Staff also do not recommend as an alternative that the proposed six two-storey live-work townhouses along Cambie be replaced by retail space at grade and offices above. As discussed in more detail later in the report, there is no requirement or encouragement of retail uses along Cambie Street as this street is not intended to be a significant pedestrian street as are Robson, Homer, Hamilton and Beatty Streets.

For these reasons, staff are prepared to support the reduced amount of commercial floor area. We also note that the rezoning proposal predates the adoption of the Interim Policies.
Staff recommend a CD-1 By-law provision that additional residential FSR above 3.0 not be approved in a development application unless 1.6 FSR commercial potential, not including office live-work, is achieved.

The proposed General Office Live-work use, in six ground-oriented two-storey townhouses, is supported. Although this is not one of the sites designated for this use in the DD ODP, those designations were not intended to limit the opportunity for office live-work use through rezoning, but to identify sites where this use could be considered in development applications and approved by the Development Permit Board. The introduction of ground-oriented office live-work units along the Cambie Street frontage through this rezoning is considered an appropriate transitional use to the existing office uses south of the site.

The Retail and Service floor area proposed along Robson Street meets the requirement in the Downtown District (DD) for continuous ground floor retail, retail-commercial and service uses.

The Downtown District Interim Policies for New Residential require that any rezoning for residential beyond 3 FSR should be considered only for transfers in of heritage density, bonuses for retention of on-site heritage, and bonuses to retain/replace SRAs, affordable housing, or social/cultural amenities. The application meets this requirement through a proposed Community Amenity Contribution in the form of a small transfer of heritage density and a contribution to the Affordable Housing Fund, as discussed in more detail below.

Form of Development: The proposed form of development consists of a tower of 19 storeys above a three-and-a-half storey podium of commercial uses, including retail at grade on Robson Street and six townhouses in General Office Live-work use fronting Cambie Street. The 22-storey tower form provides for ten dwellings per floor from levels 5-8, eight dwellings per floor on the smaller levels 9-17, and fewer dwellings on the smaller levels 18 to 22. The increase in density which is proposed, an additional residential floor area of 4 976 m² (53,564 sq. ft.), is proposed to be accommodated primarily through a larger commercial podium and larger floorplates at the lower residential levels of the tower.

The proposed form of development, including tower placement and massing, podium and building entries, generally conforms to the existing Downtown District (sub-area C) zoning and related design guidelines. The height of the Robson Street frontage at three storeys is consistent with guideline intent and will effectively achieve an appropriate pedestrian scale for this important retail street. The lower massing form intended for the corner will assist in distinguishing the street intersection and site.

The proposed building form and scale integrate well with the adjacent context through a series of transitional massing components that effectively reduce the visual impact of the requested additional density. The tower's terraced form, southerly siting and floorplate shape optimize sun access for the Library Square open space located at the intersection of Robson and Hamilton Streets. It also achieves privacy and livability by meeting the minimum requirement for an 80-foot separation from the Rosedale tower to the west and the office tower to the south. The upper massing of the tower form is proposed to be well sculpted with elevator and mechanical penthouse requirements well integrated. (More discussion regarding building height follows below.)

With respect to architectural expression and quality, staff recommend further design development to ensure the project effectively manages the visual scale of the massing as a series of distinct components. The success of this strategy will depend upon the quality of exterior materials and detailing. Further design development is recommended at the development application (DE) stage to clarify design intent for materials and detailing to ensure that this quality is achieved. The public realm quality for the Robson Street, Cambie Street and lane frontages, although not fully detailed at this stage, will also be required to be of high standard at the DE stage.

The Urban Design Panel unanimously supported the application (see minutes in Appendix C).

Staff concluded that the proposed development could accommodate additional floor area on this site without compromising urban design principles or livability for adjacent development. However, as with many rezonings, further design development at the DE stage will be required to ensure urban design principles and planning objectives are in fact achieved. These design development conditions and related requirements are set out in Appendix B.

Building Height: Staff assessment supports the proposed height. The proposed height of 63.7 m (209 ft.) is below the maximum of 91.44 m (300 ft.) in this area and also the view corridor limit of 88.4 m (290 ft.) which applies to the site (view cone 9.22 - Cambie Street at 10th Avenue towards the North Shore mountains). As described earlier, no significant height increase was required to achieve the density increase requested in this application.

The Library Precinct Guidelines introduced in 1991 describe an urban design concept for the blocks adjacent to the library site which was deemed to be the most appropriate at the time of their approval by City Council. The guidelines offer specific considerations for this site, anticipating an office building of 45.7 m (150 ft.) or 12 storeys, with a 2-storey streetwall. This early urban design concept, which suggested a scale and form for surrounding development sites which was appropriate at the time of its adoption, is generally relevant in guiding new development considerations, but it cannot be consulted in isolation of more recent development initiatives which have re-framed the role of Robson Street as both an active pedestrian corridor and a suitable area in which density increases might be carefully considered.

Recent development approvals are clearly a departure from the urban design concept presented in the original design guidelines. They include 775 Homer Street (the Westin Grand hotel at 26 storeys which is identified as a 13-storey building in the guidelines), 488 Robson Street (a mixed-use development including a 19-storey tower and a learning facility for art teachers called "ArtStarts") also immediately west of the character area, and a development application in process at 788 Richards Street (a mixed use development including a 29-storey tower and a 46-unit SRA replacement building) which is immediately west of the Library Square character area.

The emerging Robson Street corridor is now characterized by higher buildings which the guidelines did not fully contemplate. The residential intensification to the east and south, including the towers above the Costco store presently under construction, the northeasterly extension of the Yaletown fabric, and the recently approved Cooper's Quay at the north Cambie Street bridgehead, will contribute a significant number of new residents who will rely upon Robson Street as a major pedestrian link to the Downtown. The guidelines also did not anticipate a Pedestrian Plan for the Downtown which would identify significant pedestrian linkages, in the form of arterial pedestrian streets (Robson, Homer and Beatty), Historic Streets (Hamilton and Mainland), and the `Downtown Historic Trail' (Hamilton Street). In this evolving environment, the Library Square Precinct, with the Terry Fox Memorial nearby, may ultimately be viewed as more of a transitional experience linking False Creek with the Downtown rather than an easterly terminus of Robson Street. (See more discussion in Appendix C).

While recent development approvals have departed from earlier design guidelines, staff continue to pursue the intent of these guidelines with respect to scale, form and character where possible. This is evidenced in the proposed form of development for this site which is generally shaped by its shadowing performance to ensure sunlight on the Library Square corner as well as the northeast corner of Robson and Hamilton Streets (CBC building with parking at this south end of the block) where public open space is a possibility.

The proposed streetwall fronting both Robson and Cambie Streets, while suggested in the guidelines as a minimum of two storeys, has been proposed at three storeys. This will provide a more substantial scale to the Robson Street corridor consistent with more recent approvals, without shadowing the sidewalks on the north side, as well as a better scale relationship to the heritage building across Cambie Street to the east (Catholic Charities at 150 Robson Street). The design approach to the podium and tower is expressed as a series of pieces which are intended to reduce the apparent scale of the development while reinforcing a strategy of varying expression and materials in a way that recalls characteristics of the precinct. More work is proposed to improve the fit with the character of the Library Square Precinct. Staff also note that the neighbouring Rosedale tower, at 22 storeys, although it preceded the precinct guidelines, is in fact consistent with the emerging scale of recently approved projects.

When completing assessment of this application, staff determined that the method of height calculation used by the applicant did not meet by-law requirements. (Note: Applicant did not measure height from base surface and did not account for habitable floor area adjoining the mechanical penthouse, which is otherwise exempt from height calculation.) When this matter was reviewed with the applicant it was further discovered that an additional 1.5 m (5 ft.) was needed to accommodate a structural transfer floor. The total height of the development was consequently determined to be 71.0 m (233 ft.). Staff assessment of the applicant's revised shadow analysis, with effective additional tower height of 1.5 m (5 ft.), concluded that shadow performance, particularly with respect to Library Square, was negligibly affected.

Neighbourhood Impact and Residential Livability: Staff have reviewed the proposal's potential impacts on the local neighbourhood, including shadowing on important open space locations at grade, as well as for residential-to-residential adjacencies. The Downtown South guidelines, which address appropriate building form to ensure high livability for new development, do not apply in this area, but staff have considered them in terms of minimum site size and frontage for towers, number of towers per block face, distance between towers, and tower floorplate size. In this context staff conclude that the proposed development will achieve neighbourhood compatibility and livability.

The adjacency to the Rosedale tower, which is proposed at the minimum separation of 24.3 m (80 ft.) to achieve livability standards, is considered acceptable noting that the westside units are oriented Robson Street which will assist in minimising privacy impacts. The proposed separation to the south and adjacent residents exceeds the standard.

The proposed units are well designed with good access to natural light. Regarding on-site open space, staff are recommending design development to ensure that more adequate private and common open space be integrated in the development. This will also improve the visual quality of rooftop areas.

Parking and Loading: The application proposes 335 parking spaces, with 282 for the proposed development (272 required) and 50 public parking spaces, to be maintained through an off-site parking agreement, to serve the site across the street at 150 Robson Street.

A relaxation is sought for the provision of commercial loading bays. The total retail and restaurant area requires 3 class B loading spaces, the office component requires 1 class B loading space and the residential component requires 1 class B loading space for a total of 5. The applicant suggests that because of the small scale retail uses along Robson Street, that more loading spaces for smaller vehicles would be more appropriate. The applicant proposes 2 Class B loading spaces for the retail and restaurant uses with an additional 2 Class A loading spaces on level P1, which would increase the total number of loading bays from 5 to 6. Staff will evaluate this proposition more closely at the development application stage.

SUSTAINABILITY

The City does not yet have comprehensive requirements in regulations or policy regarding sustainable or `green building' development, and the applicant has not proposed any such measures beyond those already required.

PUBLIC ART

A public art budget will not be required for the reason that the increase in requested floor area does not reach or exceed the threshold of 15 000 m² (161,463 sq. ft.).

COMMUNITY AMENITY CONTRIBUTION

A Community Amenity Contribution (CAC) is anticipated for any rezoning in the DD which seeks a net increase in total floor area above the maximum permitted by the DD ODP. For this application, staff could not identify any needed cultural or social facility which could be accommodated on a site of this size and at this location. It was decided therefore to recommend that the developer purchase a 10 percent density increase (from 5.0 FSR to 5.5 FSR) from a suitable heritage donor site, as can be considered in a development application in this zoning district, and that the balance of the land value increase resulting from rezoning approval take the form of a contribution to the Affordable Housing Fund.

This fund is used to provide capital grants for affordable housing (non-market housing, non-profit housing and social housing). It has been used to fund the acquisition of existing housing, such as Single Room Occupancy hotels and rooming houses, and to build new affordable housing, such as non-market rental housing and non-profit housing co-operatives.

FINANCIAL IMPLICATIONS

Approval of the report recommendations will result in the contribution of $3,360,000 to the Affordable Housing Fund. Otherwise there are no financial implications with respect to budget, fees, or staffing.

PUBLIC INPUT

A notification letter dated July 9, 2004 was mailed to surrounding property owners (1,488) and two rezoning information signs were installed on July 23, 2003. In response to notification, several telephone calls and e-mails were received expressing opposition to the proposed building height, and the increase in density which makes the height possible, for the reason that private views would be affected. Some concern was expressed about the lack of public open space in this area and private open space in the proposed development.

A well-considered letter (11 pages) was received from a citizen who resides in the residential tower at 888 Hamilton Street, expressing concerns that the proposed development was contrary to City guidelines and inconsistent with the Library Precinct Character Area guidelines, that it would block views to the heritage buildings on Cambie Street, and that it would foreclose the opportunity to establish a neighbourhood and character area at the eastern end of Robson Street.

With respect to the concern most frequently expressed by residents, about views being affected, staff believe that the proposal will achieve a quality of residential environment similar to what has been successfully achieved in Downtown South, and note that the proposed building height is significantly below the maximum which zoning regulations and view protection guidelines allow. With respect to public open space, staff note the forthcoming development of `Yaletown Park', a 1 672 m² (18,000 sq. ft.) plaza about two blocks away at the north-east corner of Mainland and Nelson Streets. Regarding private open space, further design development recommended by staff will seek to achieve private and semi-private green spaces similar to what has been provided at Rosedale Gardens.

On November 16, 2004 staff met with the concerned resident who submitted the 11-page letter of comment to review the application and staff assessment in the context of approved guidelines and recent development initiatives along the Robson Street corridor. These recent developments are characterised by tower forms that exceed the guidelines with respect to the original heights contemplated, but they continue to meet other urban design objectives. They have also either significantly contributed to public amenities or have reinforced the cultural importance of the precinct. Given the emergence of a more intensively utilised Robson Street corridor, and the importance the street will play in linking key pedestrian environments, the proposed rezoning is seen as an opportunity to further contribute to the emerging character desired for the area. (See more detailed commentary in Appendix C.)

APPLICANT COMMENT

The applicant has been given a copy of this report and provides the following comment:

"We support the staff recommendation."

CONCLUSION

Staff assessment of this application supports the proposed increase in density. The application demonstrates that this can be achieved without requiring any significant increase in height, through a podium and tower form which sites the tower and masses the building components in a way that will provide livability for new residents and maintain livability for existing nearby residents, that will maintain sunlight access to Library Plaza, and that will complete an additional element in the emerging Robson pedestrian corridor. The application does not achieve a recent policy requirement to maintain the site's basic commercial potential (2.0 FSR), but staff believe that 1.6 FSR in office, retail and services uses plus 0.4 FSR in General Office Live-work will be acceptable at this location.

The additional residential floor area is proposed to be obtained through a transfer of heritage bonus density and a contribution to the Affordable Housing Fund.

The Director of Current Planning recommends that the application be referred to a public hearing and be approved.

- - - - -

APPENDIX A

811-821 CAMBIE STREET
DRAFT CD-1 BY-LAW PROVISIONS

Note: A draft By-law will be prepared generally in accordance with the provisions listed below, which are subject to change and refinement prior to posting.

1. Definitions

Words in this By-law shall have the meaning assigned to them in the Zoning and Development By-law, except as provided below:

1.1 "Base Surface" shall be calculated from the official established building grades.

1.2.1 "General Office Live-Work" means the use of premises for a dwelling unit, general office, or both uses in conjunction with one another, provided that:

(a) any such use must not include any dating service, entertainment service, exotic dancer business, social escort service or other similar business, as determined by the Director of Planning in consultation with the Chief License Inspector; and

Note: By definition in the Zoning and Development By-law (Section 2), General Office excludes other Office Uses, specifically Financial Institution, Health Care Office and Health Enhancement Centre.

(b) any development permit for such premises shall be for dwelling units, general office, and dwelling unit combined with general office.

2. Land Uses

The only uses permitted, subject to such conditions as Council may by resolution prescribe, and to the conditions set out in this By-law, and the only uses for which the Director of Planning or Development Permit Board will issue development permits are:

(a) Cultural and Recreational Uses,
(b) Dwelling Uses,
(c) General Office Live-Work,
(d) Office Uses,
(e) Parking Uses, but limited to 50 parking spaces,
(f) Retail Uses,
(g) Service Uses,
(h) Institutional Uses, and
(i) Accessory Use customarily ancillary to any of the uses listed above.

3. Conditions of Use

Dwelling units are in an "activity zone" as defined in the Noise Control By-law, and, as a result, are subject to noise from surrounding land uses and street activities at levels permitted in industrial and downtown districts.

4. Density

The maximum floor area, based upon the calculation provisions of the Downtown District Official Development Plan, and including exclusion of floor area beneath building overhangs, will be 14 716 m² (158,400 sq. ft.), except that:

(a) floor area in Dwelling and General Office Live-work uses combined will not exceed 11 636 m² (125,258 sq. ft.) and,
(b) approval of residential floor area exceeding 5 852.7 m² (63,000 sq. ft.) requires the concurrent or prior approval of a minimum commercial floor area of 3 077 m² (33,122 sq. ft.).
Note: As a condition of development permit approval, an occupancy permit for residential floor area exceeding 5 852.7 m² (63,000 sq. ft.) shall not be issued prior to issuance of occupancy permit for the `shell' space of minimum commercial floor area of 3 077 m² (33,122 sq. ft.).

5. Height

The maximum building height, measured above the base surface and to the top of the roof slab above the uppermost habitable floor and excluding the mechanical penthouse, roof garden, and roof, must not exceed 71.0 m (233 ft.).

6. Parking

Any development or use of the site requires the provision, development, and maintenance of off-street parking, loading, and bicycle storage in accordance with the requirements of, and relaxations, exemptions and mixed use reductions in, the Parking By-law, except that the following shall apply:

(a) parking for dwelling uses shall be required as per Section 4.3.9 Dwelling Uses - DD District (Downtown South);
(b) General Office Live-Work shall be considered as Multiple Dwelling use for the purposes of calculating any required or permitted parking, loading, bicycle and passenger spaces, and
(c) co-operative vehicles and associated parking spaces, to the satisfaction of the Director of Planning and City Engineer, may be substituted for required parking spaces at a 1:3 ratio, up to 1 co-operative vehicle for each 60 dwelling units, rounded to the nearest whole number.

7. Acoustics

All development permit applications require evidence in the form of a report and recommendations prepared by a person trained in acoustics and current techniques of noise measurement, demonstrating that the noise levels in those portions of dwelling units and hotel units listed below do not exceed the noise level set opposite such portions. For the purposes of this section, the noise level is the A-weighted 24-hour equivalent (Leq) sound level and is defined simply as noise level in decibels.

Portions of dwelling units Noise levels (Decibels)

bedrooms 35
living, dining, recreation rooms 40
kitchen, bathrooms, hallways 45

The noise level in General Office Live-Work units should not exceed 40 decibels.

APPENDIX B

811-821 CAMBIE STREET
PROPOSED CONDITIONS OF APPROVAL

These are draft conditions which are subject to change and refinement by staff prior to the finalization of the agenda for the public hearing.

FORM OF DEVELOPMENT

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Hancock Brückner Eng + Wright Architects, and stamped "Received Planning Department, June 24, 2004", provided that the Director of Planning or the Development Permit Board, as the case may be, may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

(b) THAT, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, or Development Permit Board, as the case may be, who shall have particular regard to, among other things, the following:

DESIGN DEVELOPMENT - GENERAL

(i) Design development to overall massing, articulation and expression to improve scale, visual quality and better relate to the character of the Library square Precinct;

Note to applicant: Greater clarity between massing components that better reflect proposed uses can be achieved through substantive articulation, and related detailing, as well as a coherent material/colour strategy. Exploration of an asymmetrical arrangement of floor area, with greater emphasis on Cambie Street, to reduce impacts for adjacent development should be pursued. Further exploration of prevailing building heights that may inform further massing resolution by matching these heights should be pursued. A greater emphasis on vertical proportioning for fenestration systems should also be pursued. Further design development to distinguish the development's corner identity through more transparent wall systems, and better integration with visible vertical movement systems is required.

(ii) Design development to the Cambie Street fronting live-work units to better express this use in a non-residential context;

Note to applicant: Strategies to ensure flexibility of interior uses including non-residential activities, and to more carefully express this flexibility in façade design, entries and public realm treatment is required. A pure residential expression should be avoided.

(iii) Design development to the Robson Street podium to refine the interface between the ground-oriented commercial units and public realm requirements and to better relate to the character of the precinct;

Note to applicant: A staggered approach to the expression of commercial units at the building line should be pursued. Confirmation of storefront display, entry and weather protection systems is required.

(iv) Design development to better integrate the tower's mechanical penthouse and elevator override requirements into the overall massing and form of the building;

(v) Design development to seek to provide common open space up to 50 sq. ft. per unit in the form of an accessible roof deck(s);

(vi) Design development to private open spaces to clarify landscape intent and ensure privacy between units;

Note to applicant: Overheight structures, such as arbours and pergolas are not supported. Confirmation of rooftop materials to ensure high visual quality is required. Significant soft landscaping, with adequate irrigation systems, especially at the perimeter of varying rooftop heights is required.

(vii) Design development to improve the visual quality of the south, west and east elevations;

Note to applicant: Greater articulation, in addition to balconies and substantive wall detailing, should be considered.

(viii) Design development to confirm Robson Street public realm intent for surface treatment, street trees, landscape and public art features to ensure a seamless integration with the anticipated design for the Robson Street corridor;

(ix) Design development to the lane environment to ensure high visual quality and CPTED (Crime Prevention Through Environmental Design) performance; and

(x) Deletion of the high level canopy/roof projection shown on level 4;

DESIGN DEVELOPMENT - LANDSCAPE

(xi) The Robson street frontage (public realm) should respond to the Library Precinct Streetscape details, including provision of the following:

- granite street names at corner locations,
- book Icon tiles set into surrounds at new trees on Robson Street,
- Cambie Street trees to be tulip trees,
- cast iron tree grates at tree bases,
- free-standing city-style pedestrian lamp standards and pole mounted fixtures in an alternating pattern, and
- placement of other street furniture; benches, refuse containers, and bicycle racks;

Note to Applicant: all public realm development will be to the approval of the General Manager of Engineering Services.

(xii) Design development to provide more interesting and further refinement to all proposed roof gardens;

(xiii) An irrigation system shall be specified in all common areas, including the entry and upper terrace areas. Hose bib's should be provided in private areas such as patios and courtyards. Notations to this affect should be added to the drawing;

Note to Applicant: The irrigation system design and installation shall be in accordance with the irrigation industry of B.C. standards and guidelines.

(xiv) Provide sections (min. scale ¼"=1'-0") thru the Cambie street public realm ensuring a minimum 48 inches in soil depth for root ball of the inside row of trees;

(xv) Provide design details for the proposed "Green Roof", (including detailed sections and maintenance specifications); and

DESIGN DEVELOPMENT - CPTED (Crime Prevention Through Environmental Design)

(xvi) Design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard for reducing opportunities for;

- theft in the underground by providing full separation for residential and live-work from non-residential uses including parking, elevators and exit stairs,
- graffiti on the lane, and
- mischief by deleting alcoves on the lane and by providing a glassy vestibule to the restaurant elevator on the street and providing gates to the loading to be closed during non-business hours.

AGREEMENTS

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City make arrangements for the following to the satisfaction of the Director of Current Planning and General Manager of Engineering Services, on terms and conditions satisfactory to the Director of Legal Services, unless otherwise specified:

SUBDIVISION

(i) the consolidation of all lots, or other arrangements;

Note to applicant: Clarification of the charges on title by way of a charge summary will be required.

COMMUNITY AMENITY CONTRIBUTION - HERITAGE BONUS DENSITY

(ii) the purchase of 975.45 m² (10,500 sq. ft.) of heritage bonus density from a suitable donor site;

COMMUNITY AMENITY CONTRIBUTION - AFFORDABLE HOUSING

(iii) the contribution of $3,360,000 to the Affordable Housing Fund to the satisfaction of the Director of the Housing Centre;

ENGINEERING

(iv) dedication of the building line adjacent Robson Street for road purposes;

(v) appropriate agreements and covenants for the parking provided for the site across the street at 150 Robson Street (Catholic Charities);

(vi) discharge of the redundant charges on title prior-to occupancy of the building;

(vii) undergrounding of all new BC Hydro and Telus services from the closest existing suitable service point, including a review of the cabling necessary to service the site to determine any impact on the neighbourhood. All power transformer requirements are to be fully accommodated on site;

(viii) provision of street trees adjacent the site where space permits; and

(ix) Provision of "Library Square" and "Downtown South" sidewalk treatments adjacent the site.

APPENDIX C

COMMENTS FROM THE PUBLIC,
REVIEWING AGENCIES AND THE APPLICANT

PUBLIC INPUT: A notification letter dated July 9, 2004 was mailed to the 1,488 property owners in the surrounding area. (Note: The notification area is bounded by the lane south of Richards to the west, Dunsmuir Street to the north, Expo Boulevard to the east and Nelson Street to the south.) Rezoning information signs were erected on the site on July 23, 2004.

In response to notification, several telephone calls and e-mails were received expressing opposition to the proposed building height, and the increase in density which makes the height possible, for the reason that private views would be affected. Some concern was expressed about the lack of public open space in this area and private open space in the proposed development.

A well-considered letter (11 pages) has been received from a citizen who resides in the residential tower at 888 Hamilton Street, at the south-west corner of this block. This resident has expressed several concerns about the proposed "extra-wide" tower:

"The proposed development:

1. Completely contravenes the massing recommendations the City has deemed appropriate for the site;
2. Is completely inconsistent with the Library Precinct Character Area requirements that apply to the site;
3. Would block from view the only character buildings in the area; and
4. Would permanently foreclose the opportunity to establish a neighbourhood and character area at the eastern end of Robson Street, despite the City's objectives in that regard and that area's future prominence as the gateway to BC Place during the Olympics.

In addition, it appears the developer may have misled the City about the benefits to be derived from its proposed development."

With respect to the concern most frequently expressed by residents, about views being affected, staff analysis demonstrated that the proposal will achieve a similar quality of residential environment which has been successfully achieved in Downtown South, and that a building height has been proposed which is significantly below the maximum which zoning regulations and view protection guidelines would otherwise allow. With respect to public open space, staff note the forthcoming development of `Yaletown Park', two blocks to the south, and regarding private open space, the proposal and further design development recommended by staff will seek to achieve private and semi-private green spaces similar to what has been provided at Rosedale Gardens.

The concerns of the resident who submitted an 11-page letter involve first of all the building height and massing relative to the City guidelines. These are addressed in the report DISCUSSION. Regarding the matter of public benefits, in particular the provision of 50 parking spaces for the site across the street at 150 Robson Street, while it might be a `nice' thing to do, it is a contractual obligation not considered by staff to be a public benefit or community amenity contribution, and has not been described as such by the applicant.

The resident has also expressed much concern about the character / heritage buildings on the 800-block Cambie Street and their potential to become a significant pedestrian destination, items (3) and (4) above. From all the resident's extensive analysis, staff believe that some response is needed regarding the proposition that "Where the City has stated it wishes to develop a strong pedestrian-oriented character area, the proposed development will block the view of the character buildings. It will operate to block the neighbourhoods to the South, where the City has stated its objective is to link them."

Quoting from the letter:

"The makings of a character neighbourhood are there, however. In particular, as one walks east on Robson Street, one can see looking to the right on the east side of Cambie Street an entire block of old brick four-storey Yaletown-type buildings. The reason this block is so clearly visible from Robson Street is the absence of the proposed development -- currently all that is there is a parking lot, and thus the row of historic brick buildings on Cambie Street is clearly visible from much of Robson Street, beginning even as far up as the corner of Library Square. Similarly, the heritage building on the west side of Cambie is also currently visible from Robson Street, but would be blocked from view by the proposed development. These historic buildings, along with the greater feeling of light and openness that derives from the lack of tall buildings, are what currently give this area a sense of "place" -- i.e., the pedestrian feels he or she has arrived somewhere, and is not just travelling along one of downtown's commercial or residential corridors. This block of Cambie Street is not in any of the neighbourhoods whose development has been comprehensively considered by the City -- it is just east of the Library Precinct Character Area, just south of Robson Street, just west of "False Creek North", and just north of "New Yaletown", and thus is not included in any of those development plans, despite its similarity to the old buildings in Yaletown. Some of the old brick buildings currently appear to be occupied by the kind of low-value uses that formerly characterized Yaletown -- one is a self-storage facility, for example. These buildings have huge potential in terms of giving character to the area. The proposed development, however, would entirely cut them off from view from Robson Street (except if one takes the trouble to peer down the block while actually crossing Cambie Street). Thus, when the City turned to consider how exactly it intends to make this a "strong pedestrian-oriented character area", it would find the area's best potential for character had already been lost.

"The proposed development would also remove the best chance to fulfil one of the key goals for the Library Precinct Character Area -- to "link" the Downtown South and False Creek North areas with the Library Precinct Character Area and the theatre and central business districts beyond (see para. 8.2 "Assigned Role", Character Area Descriptions). Currently, the block of historic brick buildings on Cambie serves as a visual link telling the pedestrian traveling east on Robson that he or she has arrived in a neighbourhood -- one connected to Yaletown proper, a block or two away. Obviously, these buildings will serve that function much better if and when they are converted to more high-value and pedestrian-friendly uses, like the ones in Yaletown proper. They cannot serve that function at all, however, if they are obscured from view. Indeed, the natural assumption for a pedestrian would be to the contrary -- if they've placed a large, non-descript residential building on Robson Street, there couldn't be much interesting in the area behind it. Far from connecting this area with the neighbourhoods to the south, the proposed development turns its extra-wide back on them.

"Lining a street with large residential buildings with retail spaces below is precisely the opposite to creating a character neighbourhood, or links to other neighbourhoods -- both goals the City has identified for this area. Instead, the message given to pedestrians is that they are to continue traveling along the corridor until they reach their destination, but necessary conveniences and shopping opportunities have been placed for their convenience along the way. They are not supposed to become interested in the neighbourhood around them -- if they were, it would not have been blocked from their view.

"... In sum, if the City is to achieve its goals of making Robson Street East a character pedestrian area, which links with the neighbourhoods to the south, it must consider how it is going to achieve that, before approving a proposed development that will largely preclude both objectives."

Pedestrian destinations and linkages are clearly of considerable importance to the vitality and functioning of the downtown peninsula and its many neighbourhoods. The vision of the Downtown Transportation Plan (DTP) promotes `pedestrians first', recognizing that pedestrian travel is growing and the function of streets facilitates movement of people and helps to define the neighbourhood as a place for activity, socializing and commerce. The DTP has a goal to improve the pedestrian environment such that walking becomes a more attractive, safe, efficient and comfortable way to experience the city. The objective is to integrate neighbourhoods by improving connectivity to major destinations including community centres, shopping streets, transit nodes, institutions, as well as entertainment and recreational facilities.

The Pedestrian Plan in the DTP identifies Robson, Homer and Beatty Streets as `pedestrian connector (arterial)' routes, with Homer Street seen to link a series of major civic institutions, including the Vancouver Public Library and `Centre for the Performing Arts', as well as the historic districts of Gastown and Yaletown. Hamilton Street between Drake and Hastings Streets is identified as the `Downtown Historic Trail' linking Gastown to Yaletown. Sections of Hamilton and Mainland Streets in the Yaletown area have also been identified as `Historic Streets' and are described as providing "unique pedestrian experiences along the historic loading dock areas of Yaletown. Pedestrian weather protection is to be actively promoted on Robson Street east to Beatty Street and on Hamilton Street between Robson and Pender Streets, and it is to be encouraged on Homer, Cambie and Beatty Streets.

In this recently established context which anticipates a strong grid of pedestrian corridors in linkages in the area east of Granville Street, Cambie Street is not designated to perform the same role as Homer and Beatty Streets (pedestrian arterial streets) and Hamilton Street (`Downtown Historic Trail'). This is not to deny the significance of this street or the merits of the historic and heritage character of the east side of the 800-block Cambie Street. In fact, as the remaining vacant sites along the 100- and 200-block Robson Street are developed, including the subject site on the south side of 200-block Robson, it can be argued that there will be a greater pedestrian population in the area and the development of these sites will introduce pedestrians to the opportunities which will undoubtedly emerge along the 800-block Cambie Street.

On November 16, 2004 staff met with the concerned resident who submitted the 11-page letter of comment to review the application and staff assessment in the context of recent development initiatives along the Robson Street corridor including The Westin Grand Hotel, 788 Richards Street and 411 Robson Street. These developments are characterised by tower forms that, while exceeding the guidelines with respect to the original heights contemplated, have either contributed to public amenities or have reinforced the cultural importance of the precinct. Given the emergence of a more intensively utilised Robson Street corridor, and the importance the street will play in linking key pedestrian routes, staff endeavoured to clarify new possibilities for how the 811 Cambie Street development could both contribute to the special character desired for the area while also offering an important public benefit in a negotiated CAC.

COMMENTS OF THE GENERAL MANAGER OF ENGINEERING SERVICES: In a memo dated September 4, 2004, the General Manager of Engineering Services raised no objections to the proposed rezoning provided that the applicant complied with by-law provisions which are now listed in Appendix A and approval conditions now listed in Appendix B.

COMMENTS OF THE FIRE PREVENTION BRANCH (FIRE DEPARTMENT): Several concerns have been identified, in e-mail dated July 29, 2004, to be addressed at the development application stage:

1) Distance to principal entrance/address (fire dept response to residential lobby): 20 ft. from Cambie Street curb;

Distance to door for access stair for above grade levels (to left of centre core): 65 ft. from main entry doors; and

For below grade levels, distance to access stair (to right of centre core): 65 inches from main entry doors.

Note: Review access to Level 2 from entrance lobby. Only 1 stair provides access. Centre core stairs are scissor stairs.

2) Fire Fighter's Elevator identified in residential lobby.

3) Second Fire Fighter's Elevator and commercial lobby entrance indicated from Cambie Street.

4) There are a number of offices with entrances 19 ft. from Cambie St and commercial retail units 30 ft. from Robson Street.

Note: Review sprinkler zoning and fire alarm annunciation for these.

5) Level 3 has a restaurant use (with open patio). Separate exit stair provided to lane.

URBAN DESIGN PANEL: The Urban Design Panel reviewed this proposal on August 4, 2004 and unanimously supported the use, density and form of development, as follows:

Evaluation: Support (7-0)

Introduction: Scot Hein, Development Planner, presented this application for rezoning the site at the southwest corner of Cambie and Robson Streets. The developer proposes to make a financial contribution to the City's affordable housing fund in exchange for the increase in density on the site. The proposal is for a 22-storey (210 ft.) mixed use development containing 2.0 FSR retail (including a second level restaurant) and 3.5 FSR residential which includes a ten percent heritage density transfer, plus a density increase of about 2.0 FSR (approx. 40,000 sq.ft.) for a total density of 7.58 FSR.

The advice of the Panel is sought on:

· Use: noting the inclusion of live/work, office, and retail at grade on Robson Street;
· Density: whether this site can accommodate the increase in density being requested; and
· Form of Development: general massing and sculpting of the tower, etc.

Applicant's Opening Comments: Martin Bruckner, Architect, briefly described the design rationale. The developer, Jim McLean, noted that negotiations with the City are underway with respect to the density increase for which a substantial cash payment ($3 million plus) is proposed as a CAC. Peter Kreuk briefly reviewed the landscape plan and the applicant team responded to questions from the Panel.

Panel's Consensus on Key Aspects Needing Improvement:

· Attention to streetscape and lanescape;
· Design development to the live/work use to ensure animated street life is maintained; and
· Greater articulation and refinement of the tower.

Related Commentary: "The Panel supported the general direction of the project at this early stage and unanimously supported the application for rezoning. Use, density and form of development were considered appropriate. The Panel advised that it wished to see this application again at the development application stage.

The Panel unanimously supported the proposed density and considered the site large enough to accommodate it.

The following suggestions and comments were made about the form of development for consideration at the development application stage:

· the treatment of the Robson Street elevation is a nice result of the tower placement to protect sun penetration;
· the project at this stage is more of a massing study than a design;
· the mid-rise and "sub tower" are the least successful components in terms of their relationship to the tower;
· the podium needs design development but is something that can be worked through at the next stage;
· the stand-alone retail elevator needs further consideration;
· the mid-rise component should be more neighbourly - it creates a wall for the lower level of the neighbouring Rosedale;
· reconsider the expression of the mid-rise, possibly bringing it to the ground and not looking as through it is planted on top of the podium;
· the concrete surface of the "sub tower" seems very foreign to all other aspects of the project;
· the extra density makes the building somewhat chunky, emphasizing its lack of height, so articulation will be critical;
· the lane needs design development;
· further consideration should be given to where the building fits within the city and its relationship to neighbouring buildings;
· the four distinct personalities of the building need to come together better;
· encourage places for people to interact in this mixed use building;
· encourage beautification of the lane, including glazing from the retail at the corner to provide "eyes on the lane";
· attention should be given to the Robson frontage to deal carefully with building lines to express it in a way that it doesn't look like an afterthought;
· the south elevation needs greater articulation and consideration given to solar heat gain; and
· density could be relocated from the chunky mid section to the lower portion.

The live/work component paired with the retail was strongly supported but with concerns that it should not become purely residential on Robson Street. It was recommended that design development of this component allow for the articulation to be more retail in character to discourage later conversion to entirely residential. It was noted that it will be a challenge for the landscape architect to find a balance between the two functions on the street. There was a recommendation to consider paired entrances to the live/work units and to consider the area in front of them as a usable private space for the residents - more than just an entrance.

The Panel welcomed the many extensive usable roof decks.

The applicant was commended for providing parking in this development for Catholic Charities.

The Panel had some concerns about the streetscape and urged that there be City guidelines to ensure this end of Cambie and Robson works well, noting that all the edges will be important. With this end of Robson now maturing there is opportunity to effectively extend the street life and activity along this corridor. The applicant was encouraged, as the design develops, to take a more comprehensive look at what is happening to the street and what will be occurring in the area in the future."

APPLICANT COMMENT: The applicant has been given a copy of this report and provides the following comment:

"We support the staff recommendation."

APPENDIX D

TOTAL 15 PAGES OF PLANS WILL BE UNDER "pdf" FILE.  Link to plans

APPENDIX E
APPLICANT, PROPERTY AND DEVELOPMENT PROPOSAL INFORMATION

Applicant and Property Information

Street Address	811-821 Cambie Street (current use is parking lot)
Legal Description	Lots 32-38, Block 67, DL 541, Plan 210
Applicant and Architect	Hancock Brückner Eng & Wright, 300-1445 West Georgia Street
Property Owner / Developer	Hartanto Tjoa / Raffles Development Corporation
Site Area Width Depth	1 950.9 m² (21,000 sq. ft.) prior to required dedication 53.3 m (175 ft.) Cambie Street frontage 36.6 m (120 ft.) Robson Street frontage

Development Statistics

	Existing Zoning Provisions	Proposed	Recommended
Zoning	Downtown District Official Development Plan (Sub-Area "C" )	Comprehensive Development District (CD-1)	as proposed
Land Uses	Office, Retail, Service, Residential, Institutional and Cultural	Commercial, Residential and Cultural	as permitted by DD ODP
Max. Floor Area Residential Live-Work Commercial Total	5 852.7 m² (63,000 sq. ft.) 14 950.9 m² (42,000 sq. ft.) 14 715.7 m² (158,404 sq. ft.)	10 814 m² (116,564 sq. ft.) 807.6 m² (8,693 sq. ft.) 3 077 m² (33,122 sq. ft.) 14 713.4 m² (158,379 sq. ft.)	as proposed, with minimum req't of 3 077 m² commercial floor area
Floor Space Ratio Commercial Residential Total	2.0 3.0 5.0	1.58 5.96 (incl. live-work) 7.54	as proposed, with minimum req't of 1.58 commercial floor area
Dwelling Units	n/a	165 units	n/a
Storeys	n/a	22 storeys	n/a
Floorplate Size	n/a	Levels Floorplate 5 to 8 9,004.41 sq. ft. 9 to 17 6,620.45 sq. ft. 18 to 20 5,984.39 sq. ft. 21 4,848.60 sq. ft.
Maximum Building Height	91.44 m (300 ft.)	63.7 m (209 ft.), later increased to 65.2 m (214 ft.),	71.0 m (233 ft.), due to calculation requirements
Parking Spaces	272	332 (282 + 50 to serve site at 150 Robson Street)	generally as proposed
Loading Spaces	5	6 (incl. relaxation of I large space for 2 small)
Bicycle Spaces	181	181

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